Power of Attorney

UPDATED: Sep 30, 2022

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Power of Attorney

Need some information on power of attorney. I was granted power of attorney
before my brother passed away, and now that he is passed, his daughter is
attemtpting to collect his belongings, but he has nothing of value besides his
vehicle which he has already signed off to someone else.

Asked on January 24, 2017 under Estate Planning, California


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

A power of attorney ends upon the death of the grantor (i.e. the person who gave the power to the agent). This means that upon your brother's passing, your powers over his affairs ceased. Ifhe did not have a Will, then he died "intestate" which means that state law contols the distibution of his estate. Typically, all will go to his daughter (and any of his children). 

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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